In an era of increasing medical advancements, the ability to make informed decisions about your future healthcare is more important than ever. A living will, also known as an advance decision or advance directive, allows you to express your wishes regarding medical treatment should you become unable to do so yourself. At Blackstone Solicitors, serving clients across England and Wales, we understand the importance of planning for all eventualities. This article will explain what a living will is, its purpose, and whether you need one.
Please click here to find out more about our Private Client services
Free Initial Telephone Discussion
For a free initial discussion with a member of our New Enquiries Team, get in touch with us today. We are experienced in dealing with all the legal aspects of Wills and Probate and once instructed, we will review your situation and discuss the options open to you in a clear and approachable manner. Early expert legal assistance can help ensure you are on the best possible footing from the start and also avoid the stress of dealing with these issues on your own. Simply call us on 0345 901 0445 or click here to make a free enquiry and a member of the team will get back to you.
Understanding a Living Will
A living will is a legal document that allows you to specify your wishes regarding medical treatment in advance. It comes into effect if you lose the capacity to make decisions for yourself, ensuring your healthcare reflects your personal values and preferences.
Unlike a standard will, which deals with your assets after death, a living will focuses on your healthcare during your lifetime. It allows you to:
- Refuse specific medical treatments.
- Express your preferences regarding life-sustaining interventions.
- Provide clarity to healthcare professionals and loved ones.
Why Create a Living Will?
Creating a living will offers several significant benefits:
- Autonomy and Control: It allows you to maintain control over your healthcare decisions, even when you cannot communicate them directly.
- Peace of Mind: Knowing your wishes will be respected provides peace of mind for you and your loved ones.
- Reduced Burden on Loved Ones: It alleviates the difficult burden of making critical healthcare decisions on your behalf.
- Clarity for Healthcare Professionals: It provides clear guidance to medical professionals, ensuring they adhere to your preferences.
- Avoiding Unwanted Treatment: It helps prevent unwanted or unnecessary medical interventions, particularly in end-of-life situations.
What Can a Living Will Include?
A living will can cover a range of medical treatments, including:
- Life-sustaining treatments: Such as cardiopulmonary resuscitation (CPR), mechanical ventilation, and artificial nutrition and hydration.
- Specific medical interventions: Such as surgery, blood transfusions, and antibiotics.
- Pain relief: Including your preferences for pain management and palliative care.
- General care: Such as your wishes regarding hygiene, comfort, and dignity.
It is crucial to be specific and clear in your living will, outlining the circumstances in which you wish to refuse treatment. You can also specify any treatments you do want to receive.
Who Needs a Living Will?
While anyone can benefit from creating a living will, it is particularly important for:
- Individuals with chronic or terminal illnesses: It allows them to plan for end-of-life care and ensure their wishes are respected.
- Elderly individuals: It provides clarity regarding their healthcare preferences as they age.
- Individuals with specific healthcare preferences: It allows them to express their values and beliefs regarding medical treatment.
- Anyone who values autonomy and control: It ensures their healthcare decisions are respected, even when they cannot communicate them directly.
Creating a Living Will
While there is no prescribed format for a living will, it is essential to ensure it is clear, specific, and legally valid. Consider the following steps:
- Reflect on Your Values and Preferences: Consider your beliefs regarding medical treatment, life-sustaining interventions, and end-of-life care.
- Discuss Your Wishes: Discuss your preferences with your loved ones, healthcare professionals, and legal advisors.
- Document Your Wishes: Clearly document your wishes in writing, specifying the treatments you wish to refuse and the circumstances in which your living will should take effect.
- Sign and Witness Your Living Will: Sign your living will in the presence of a witness. While not always legally required, it adds credibility to the document.
- Review and Update Regularly: Review your living will periodically and update it to reflect any changes in your preferences or circumstances.
- Inform Healthcare Professionals and Loved Ones: Ensure your healthcare professionals and loved ones are aware of your living will and its location.
Legal Considerations
In England and Wales, living wills are legally recognised under the Mental Capacity Act 2005. To be valid, a living will must:
- Be made by an individual with mental capacity.
- Clearly specify the treatments to be refused.
- Be made voluntarily, without undue influence.
- Be applicable to the current circumstances.
It is advisable to seek professional legal advice to ensure your living will is legally sound and reflects your wishes.
Why Seek Professional Legal Advice?
At Blackstone Solicitors, we can:
- Provide Expert Guidance: We can advise you on the legal requirements and best practices for creating a living will.
- Draft Clear and Specific Documents: We can help you document your wishes in a clear and unambiguous manner.
- Ensure Legal Validity: We can ensure your living will is legally sound and meets all the necessary requirements.
- Offer Peace of Mind: Knowing your living will has been drafted by a professional provides peace of mind that your wishes will be respected.
Creating a living will is a proactive step towards ensuring your healthcare decisions are respected, even when you cannot communicate them directly.
Contact Blackstone Solicitors today to discuss your living will needs and ensure your future healthcare is in your hands.
We have a proven track-record of advising upon all aspects of private client work. We will guide you through the process and ensure all checks are carried out swiftly and efficiently and we firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting.to incorporate, what kind of ownership
How to Contact Our Private Client Solicitors
It is important for you to be well informed about the issues and possible implications of writing a Will. However, expert legal support is crucial in terms of ensuring a positive outcome to your case.
To speak to us today, simply call us on 0345 901 0445, or click here to make a free enquiry. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.
Disclaimer: This article provides general information only and does not constitute legal advice on any individual circumstances.
Comments are closed.
